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March 20, 195150 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST LIEI,iPHIS, ARKANSAS, _ _._ - HAD AND HELD ON IdARCIi 20, 1951. The Council of the City of West Identphis met in a regular session at the City Hall in said City at 7:30 p,b2, on the 20th day of March, 1951. The meeting tivas called to order by the Idayor, and the roll being called there were: Present; Mayor p. M. Dacus in the chair and the following named Aldermen: James Bledsoe, O. I. Bollinger, C. H. Kowton, P. B. Powers, R. L. Garrison, A. R. Manchester, Curtis Foster; City Attorney J. fI. Spears and City Clerk Kenneth Hollis. Absent: Alderman R. R. Morley. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on March 6, 1951, were read and approved. Mr. Hugh Murphy of the West Memphis Broadcasting Company appeared before the Council in protest to the privilege license of X150.00 for radio broadcasting stations. Mr. Murphy was advised that the privilege license assessed was in accordance with Ordinance No. 175 passed on December 20, 1949, and all licensee were due and payable on January lst, deliquent on January 31st and subject to the penalty provided by the ordinance. mayor Dacus announced that the next order of business rovould be the consideration of the ordinances requiring the vaccination and licensing of dogs. A number of citizens were present and requested the Council to prohibit the running at large of dogs. After discussion of the matter, the City Attorney yeas instructed to amend the ordinance requiring vaccination of dogs to also prohibit ,the running at large of dogs outside the enclosures of the owner or keeper. Thereupon, the ordinance as amended tivas read in full by Alderman Garrison, who moved its adoption, seconded by Alderman I;4anchester, and after due consideration thereof by said Council, the Mayor put the question upon the adoption of said motion, and upon passage of said ordinance, and the roll being called, the following voted; Aye: Bledsoe, Bollinger, Rowton, Powers, Garrison, Manchester, Foster. Nay: None. 'Whereupon the Mayor declared said motion du],y adopted and said ordinance duly passed, and signed his approval to said ordinance and the City Clerk was directed to spread the same upon the record of Ordinances oi' the City of Nest PQemphis, Arkansas, and to have same published as regtu red by law, and to number said Ordinance No. 195. Said ordinance to which no amend;~ient was offered read as follows: ORDINANCE N0. 195 AN ORDINANCE RE~UIRIIdG VACCINATION OF DOGS yVITIIIN THE CITY OF' WEST I<1EMPHIS, ARKANSAS. BE IT ORllAIA'ED BY THE CITY COUNCIL OF TIIE CITY OF Y1EST I~I,'idPIIIS: SECTION 1 - VACCII~IATION REG~UIItED: From and after the effective date of this Ordinance all ogs wi in e i y o yPes emphis shall be vaccinated at least once each year against rabies, and it is made the duty of all ovmers of dogs or person or persons having control of dogs vrithin the City of west Memphis to have such animals vaccinated with vaccine against rabies in an amount, quantity and quality to be approved by the State Veterinary. SECTION 2 - UIdLAWI'ZIL FOIL DOC5 TO RUN AT I~LRGE: From and after the passage and approval of is r Hance, i s a e un a u or ie owner or keeper of any dog to permit the same to run at large outside the enclosures of the owner or keeper. Any dogs found running at large in the City of West Merrrphis from and after the passage and approval of this Ordinance the same shall be taken up and disposed of by the Chief' of Police. SECTION 3 - ISSUADTCE OF TARS: It shall be the duty of any veterinary to procure suitable ags o e issue o arty person having a dog vaccinated, and said tag shall show the name of the veterinary vaccinating said dog and date thereof. It shall be the duty of the owner or keeper of all dogs to see that said tag is worn by said dog at all times. SECTION 4 - FAILURE TO HAVE DOGS VACCINATED - PENALTY: Any owner of ar>,y dog or dogs or ar>3* person av ng care an con ro o arty og or ogs o fails to have such dog or dogs vaccinated according to the terms of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in arty sum not less than ;p5.00 nor more than X25.00 for each offense. The Ordinance entitled ~~An Ordinance To Tax Dogs ~hvned, Wept or Maintained in the City of West Memphis~~ having been revised by the City Attorney was introduced in writing and read in full by Alderman Bollinger. Alderman Bledsoe moved that the rule requiring said ordinance to be read in full on three different days be suspended, and that said ordinance be placed on its second reading; motion was seconded ~y Alderman Garrison, and thereafter the Mayor put the question on the adoption of said motion, and the roll being called, the following voted; Ayes Bledsoe, Bollinger, Rowton, Powers, Garrison, P,fanchester, and Foster. Nay: None. Whereupon the Mayor declared the motion duly passed and said ordinance placed on its second reading. The ordinance was then read the second time by Aldeiv~an bkanchester. Alderman Foster then moved that said ordinance be now placed upon its final adoption; motion was seconded by Alderman Pavers, and after due consideration thereof by said Council, the Mayor put the question on the adoption of the motion, and upon the roll being called, the following voted; Aye: Bledsoe, Bollinger, Rowton, Powers, Garrison, Manchester, and Foster. Nay: None. ylkrereupon the Mayor declared the motion duly carried and said ordinance placed upon its final reading and adoption. Said ordinance was read in full by Alderman Garrison, who moved its adoption, seconded by Alderman Bledsoe, and after due consideration thereof by said council, the Mayor put the question upon the adoption of said motion, and upon passage of said ordinance, and the roll being called, the following voted: Ayes Bledsoe, Bollinger, Rowton, Powers, Garrison, Manchester, and Foster. Nay: None. Whereupon the kdayor called to the Councils attention that the ordinance, adopted, contained an emergency clause and suggested that specific action should be taken by the Council on this clause. Whereupon motion was made by Alderman Rowton and dnn].y seconded by Alderman Bollinger that the emergency clause of said ordinance be adopted, and the roll being called, the following voted: Aye: Bledsoe, Bollinger, Rowton, Powers, Garrison, kdanckrester, and Foster. Nay: None. Whereupon the Mayor declared said motion du]y adopted and said ordinance duly passed, and signed his ~proval to said ordinance and the City Clerk was directed to spread the same upon the record of Ordinances of the City of hest Memphis, Arkansas, and to have same published as required by law, and to number said ordinance kdo. 196. Said ordinance to which no amendment was offered read as follows 50~ - -- --~-- ORDINANCE NO. 196 AN ORDINANCE TO TAX DOGS OWNED, KEPT OR MAINTAIDIED IN THE CITY OF WEST MEDaPHIS, ARKANSAS BE IT ORDAIA~Ell BY THE CITY COUNCIL OF' THE CITY OF tSEST Is~IPHIS: 5ECTION 1 - LEVY OF TAX: From and after the passage and approval of this Ordinance, there s e evle a co lected on each and every dog owned, kept or maintained in the City of West Memphis, over the age of six months, a tax of x¢2.00 per annum. Every person ovrning or keeping a dog or dogs within the City of Nest Memphis, shall apply to and pay said sum to the City Clerk of said City and on payment of said sum shall receive a receipt and a tag showing that said sum has been so paid. SECTION 2 - DATE OF PAYI~NT: The tax herein levied shall be for the calendar year and said sum s e pai on or a ore the 1st day of March. of each year and shall become delinquent on April 1st of each year. SECTION 3 - NOTICE TO PAY TAX: That vrhere dogs are found about the premises in said City on w is no a~ s een pai as required by this Ordinance, it shall be the duty of the Chief of Police to notify the person in charge of said premises to come forward vrithin three (3) days to pay said tax, and unless said person in charge of said premises shall disclaim any ownership in said dog when so notified, or shall fail or three (3) days after said notification to pay the tax on said dog, he shall be deemed guilty of a violation of this Ordinance and punishable as provided herein. SECTION ~ - ISSUANCE OF TAGS: It shall be the duty of the City Clerk of said City to procure su a e gs o e issue o any person paying said tax, and said tag shall be furnished free to all who app>,y for and pay said tax. It shall be the duty of the owner or keeper of all dogs to see that said tags are worn by said dogs at all times. SECTION 5 - VIOLATION AND PEDIALTY: Every person or persons keeping a dog or dogs in the Ci y o es emp is su ec o is tax without paying same shall, upon conviction, be deemed guilty of a misdemeanor and shall be fined in ar>,y sum not less than `~5.U0 nor more than X50.00. SECTION 6 - EISERGENCY CLAUSE: It is ascertained and found to be a fact that there are many ogs runrn.ng a arge n e City of +~est Memphis, which have no value and are unclaimed by arty person, while there are others that might be classified as among the noblest representatives of the animal kingdom and are justly esteemed for their intelligence, sagacity, fidelity, vratchfulness, affection and above all for their natural companionship with their masters, and that it is necessary that this class of dogs be protected against the fonner class and this Ordinance being necessary for tkie protection of the public peace, health and safety of the citizens of West L4emphis, this Ordinance shall be in ihll force and effect from and after its passage and approval. Mr. Jaynes owner and operator of the Joy Theatre, who had closed his theatre after numerous warnings by the Council to discontinue the otiscene language and acts of the persons appearing in vaudville acts at his theatre, appeared before the Council to discuss the re-opening of his theatre. Mr. Jaynes was assumed by the Council of the Cityrs interest and wish to co-operate with him in operating his business as his building-was an asset to the growth of the City, however, certain types of shows and vaudville could hot be permitted. After discussion of the matter, City Attorney Spears was instructed to revise the ordinance creating a Censor Board that had been read but not passed. Mr. Billy McAuley and Mr. J. W. Kirkpatrick appeared before the Council in behalf of a housing. project, Memphis View Model. Village, to be constructed in an area between Highway 70 and the new By-pass highway. After discussion of the project, Mayor Dacus appointed a committee of Councilmen Rowton, Bledsoe, Foster, Light & grater Commissioners VYhite, Upton, City Attorney spears, and City Engineer Byrd to work with him on the provid- ing of utilities for the project upon the annexation of the subdivision to the City of b9est Pdemphis. Judge E. J. xubens met with the Council to discuss Act 107 of 1951, an act providing the penalty for driving while under the influence of intoxicating liquor. Said Act requiring tYiat mandatory jail sentences be served in the County Jail. After discussion of the matter and due to the fact the City of 4Yest Memphis operates its own jail it was the consensus of the Council that every person Qonvicted of a violation of ,gct 107 in the City Limits of the City of YVest Memphis be committed to the City Jail rather than imprisoned in the county jail at Pdarion, Arkansas. Thereupon an ordinance eras introduced in writing and read in full by Alderman Bledsoe. Alderria,n Rowton moved that the rule requiring said ordinance to be read in full on three different days be suspended, and that said ordinance be placed on its second readingg motion was seconded by Alderman Powers, and thereafter the Mayor put the question on the adoption of said motion, and the roll being called, the following voted; Aye: Bledsoe, Bollinger, Rowton, Powers, Garrison, Manchester, Foster. Nay= None. ~Yhereupon the Mayor declared the motion duly passed and said ordinance placed on its second reading. The ordinance was then read the second time by Alderman Garrison. Alderman Manchester then moved that said. ordinance be now placed upon its final adoption; motion was seconded by Alderman Foster, and after due consideration thereof by said Council, the Mayor put the question on the adoption of the motion, an~ upon the roll being called, the following voted: Aye° Bledsoe, Bollinger, Rowton, powers, Garrison, Manchester, Foster. Nay: None. Whereupon the Lfayor declared the motion duly carried and said ordinance placed upon its final reading and adoption. Said ordinance was read in full by Alderman Powers, who moved its adoption, seconded by Alderman Lanchester, and after due consideration thereof by said Council, the lriayor put the question upon the adoption of said motion, and upon passage of said ordinance, and the roll being called, the following voted; Aye: Bledsoe, Bollinger, Rowton, Powers, Garrison, Manchester, Foster. Nay: None. Vhereupon the Mayor called to the Councils attention that the ordinance, adopted, contained an emergenc,; clause and suggested that specific action should be taken by the Council on this clause. 1'Jhereupon motion was made by Alderman Bledsoe and duly seconded by Alderman Foster that the emergency clause of said ordinance be adopted, and the roll being called, the following voted; Aye: Bledsoe, Bollinger, Rotivton, towers, Garrison, Lanchester, Foster. Nay; Plone. liVhereupon the Iua~yor declared said motion duly adopted and said ordinance duly passed, and signed his approval to said ordinance and the City Clerk was di rected to spread the same upon the record of Ordinances of the City of West Idemphis, Arkansas, and to have same published as required by law, and to number said ordinance ido. 197. Said ordinance to which no a~endnent tivas offered read as follows: ORDIPIAPICE N0. 197 AN ORDINANCE TO MAKE IT UNLAIYF'UL FOR ANY PER50N TO DRIVE A V~iICLE WIiiIE UtIDER TFIE ITIFLUEDICE OF INTOXICATING LIt~UOR UPON ANY OF THE STREETS OR PUBLIC VdAY5 OF TIC CITY OF b'JEST I.~I,II'HIS, CRITTI;AIDEN COUNTY, ARKANSAS. BE IT ORDAINED BY THE CITY COUP7CIL OF TIC CITY OF WEST 1~iEI;PIIIS: SECTIUN 1. It shall be unlawful for any person who is under the influence of intoxicating iquor o drive or operate any vehicle upon any of the streets within the City of 1Yest Memphis, Arkansas. SECTION 2. Every person who is convicted of a violation of this Ordinance shall be punished as o ows: (1) Upon the first conviction such person shall be punished by a fine in a sum not exceeding ONE IiUNDRED (~1~U.00) DOLLARS and shall serve one day in the city jail. (2) Upon each subsequent conviction for the violation of this Ordinance such person shall be subject to a fine of not less than ONE INNDRFD 0100.00) DOLLARS nor more than ONE TIIOUSAND 01,000.00) DOLARS and imprisorvnent in the Fity jail for not less than five (5) nor more than thirty (30) days and revocation of the offender's driver s license for a period of one year. SECTION 3. The jail sentences provided for by this Ordinance are mandatory and no court s a ave authority to suspend any jail sentence imposed for viola bons of this Ordinance. SECTION !~. All Ordinances or parts of Ordinances in conflict heretivith are hereby amended as~ierein provided. SECTION 5• In the event ax~y person is arrested under a warrant for violation of this r Hance, and such person provides an appearance bond and allows a forfeiture of such bond, such forfeiture shall be computed as a conviction in determining the nwnber of violations under this Ordinance. SECTIOTJ 6. Yrhereas, it is imperative for the safety of pedestrians and other users of the s ee s and public ways of the City of "u'Jest Memphis to maintain strict enforcement of all of the traffic regulations designed to protect the public; and Whereas, at the present time the Ordinances of the City of Yfest Memphis do not provide adequate punishment for violation of said Ordinances pertaining to drunken driving, and this Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared to exist, and this Ordinance shall be in .full force and affect from and after its passage and approval. ~~~~E 50i The monthly report of the Fire Department was made to the Council by Chief tiYhit Murphy. The Building Inspector presented the following building permits he had authorised to be issued, motion was made, passed and adopted to confirm the actions of the Building Inspector in the issuance of the following permits; Zack Jones South.Side Gin, Inc. Ruthie Jones Bill Ingram Yiola.Jones Elmer Dye W. B. House Harry Steele A. F. Garner The application of Lillie LaF'orm for the F];yring LaForms was approved by the Council provided sanitary regulations were met. No further business appearing, the meeting was adjourned. ATTEST: ~`' Gi~2~ ~2%~ C hRK ~~_ ~ SZ-P ~ ~ / hJAYOR `~ APPROVED; APRIL 3, 1951